Elmer v. S.H. Bell Co.

MEMORANDUM OF OPINION AND ORDER

BENITA Y. PEARSON, District Judge.

Pending is S.H. Bell Company’s (“Defendant”) 1 Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6). ECF No. 53.. Defendant moves the Court to dismiss the second amended complaint (ECF No. 50) filed by Jody Elmer, Benjamin Milliron, Emily Milliron, and Steve Adkins (“Plaintiffs”).2 The Court has been advised, hav*817ing reviewed Plaintiffs’ second amended complaint and exhibits (ECF No. 50); Defendant’s Motion to Dismiss (ECF. No. 53); Plaintiffs’ opposition brief (ECF. No. 56); Defendant’s reply (ECF No. 57); and the applicable law.…